What Are My Rights If I Get Pulled Over For A DUI In Oklahoma City?
If you get pulled over for suspected DUI in Oklahoma City, you need to understand your rights immediately to avoid severe legal consequences. Oklahoma enforces tough laws on impaired driving, so knowing what to do, and not do, at a traffic stop is critical.
At Cannon & Associates, we have the necessary knowledge and experience in Oklahoma DUI law and the legal process, including drunk driving, aggravated DUI, actual physical control charges, field sobriety test, implied consent law, and more.
If you do not want to lose your driver’s license, call our law firm now. Call 405-591-3935 to contact Cannon & Associates today and set up a free consultation in Oklahoma City, OK.
Your Right to Refuse Field Sobriety Tests
Field sobriety tests, such as walking a straight line or standing on one leg, are not mandatory in Oklahoma. These tests are subjective, often recorded, and used as evidence against you. You can legally decline to participate in these tests without facing immediate penalties, although the officer may still arrest you if they believe they have probable cause.
Understanding Chemical Test Refusals
Oklahoma follows the “implied consent” rule—by driving, you agree to submit to a blood, breath, or urine test if lawfully arrested for DUI. However, you still have the right to refuse. If you do:
- 1st Refusal: License revocation up to 180 days; ignition interlock device for 18 months.
- 2nd Refusal: License revocation up to 1 year; ignition interlock device for up to 4 years.
- 3rd or Subsequent Refusal: License revocation up to 3 years; ignition interlock device for up to 5 years.
Refusal will trigger an automatic license suspension, and prosecutors can argue that you refused testing because you were intoxicated.
The Right to Legal Counsel
If you’re arrested, you have the right to speak with a DUI attorney before answering further questions. Do not discuss the circumstances of your arrest or attempt to explain your situation without legal representation present.
The Right to Challenge the Stop and Arrest
Law enforcement must follow strict rules. If the officer did not have reasonable suspicion to stop you or lacked probable cause for arrest, the charges may not hold. Common legal defenses include:
- Lack of probable cause
- Unlawful traffic stop
- Improper or inaccurate breath/blood testing
- Violation of Miranda rights
- Equipment malfunction or improper calibration of the testing device
If any of these factors are present, a qualified criminal defense lawyer can work to have the charges reduced or dismissed.
Legal BAC Limits in Oklahoma City
- Adults (21+): 0.08% BAC
- Under 21: 0.00% BAC – Zero tolerance
- Commercial drivers: 0.04% BAC
Operating a vehicle above these limits can result in arrest, even if you feel sober. Driving under the influence of drugs—legal, illegal, or prescribed—is also punishable under the same laws.
Understanding “Actual Physical Control”
In Oklahoma, you don’t have to be driving to be arrested for DUI. You can be charged with “actual physical control” if you’re in a vehicle while intoxicated—even if it’s not moving. Sitting in the driver’s seat with the keys in your possession may be enough for a charge, and penalties mirror those of a full DUI.
Penalties for DUI Offenses
1st Offense (Misdemeanor)
- Up to $1,000 fine
- 10 days to 1 year in jail
- License revocation: 180 days
- Interlock device: 18 months (if BAC > 0.15%)
- Mandatory treatment and victim impact panel
2nd Offense (Felony)
- Up to $2,500 fine
- 1 to 5 years in jail
- License revocation: 1 year
- Interlock: Up to 4 years
- Treatment and victim impact panel
3rd Offense (Felony)
- Up to $5,000 fine
- 1 to 10 years in jail
- License revocation: 3 years
- Interlock: Up to 5 years
- Community service (240 hrs), treatment, inpatient program
4th or Subsequent Offense (Felony)
- Up to $5,000 fine
- 1 to 20 years in jail
- License revocation: 3 years
- Interlock: Up to 5 years
- Community service (480 hrs), treatment, inpatient program, and supervision/testing
Consequences Beyond Court
A DUI conviction can affect more than your license or freedom:
- Permanent criminal record
- Job loss or employment difficulty
- Skyrocketing insurance premiums
- Loss of professional licenses
- Denied entry into certain countries
Take Immediate Action
You have a limited window to request a hearing with the Department of Public Safety to challenge your license suspension. Waiting even a few days can cost you the chance to defend yourself.
Every detail matters—from the reason for the stop to how tests were conducted. If you’ve been pulled over or arrested for DUI in Oklahoma City, assert your rights early and get legal help to protect your future.
Contact Cannon & Associates in Oklahoma City, OK.
If you are facing an Oklahoma DUI charge, then it is in your best interest to speak to a criminal defense attorney now. A DUI conviction will have long-lasting consequences on your life and your future.
At Cannon & Associates, we understand Oklahoma law and what our clients need. Our team of DUI lawyers in Oklahoma City are highly trained to deal with complex cases, and we will help you every step of the way.
If you need legal advice, then look no further.
Contact Cannon & Associates today by calling 405-591-3935 and set up a free consultation.
